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I'm about to give my shop for a 8 year rental agreement. The same I plan to register. I want to know what should the termination clause be incase I want to come out of the agreement due to tenant non cooperation or deviation from the agreement. Can the agreement be unilaterally cancelled from my side.
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

1. See you can keep termination clause drafted in such a way that in case if the tenant breach the agreement or fail to pay rent for consecutive 90 days you can terminate it from your side without giving any notice period.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can keep the termination clause with your discretion that you can terminate the same with your sole discretion after notice of 1 month. And get the same registered

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1) in event any structural alterations are carried on by tenant or fails to pay rent on due dates you can terminate the agreement 

 

2) clause should be incorporated to that effect in rental agreement 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You can terminate agreement by issue of notice in case of major deviations by tenant 

 

there should be clause to that effect in agreement 

 

you don’t need tenant consent to terminate agreement 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. You can include a clause which authorises you to terminate the lease if the lessee makes any deviations in the structure without your consent. Get a flawless agreement drafted.

2. If seller refuses to sign the cancellation agreement but delivers the possession it should serve your purpose.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The agreement should be registered aling with 2 witnesses. It should have a clause of 1 month notice irrespective whether you beed the shop or not.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should give him an eviction notice and a month should be given to him so that he vacates the premises. Yes there should be a clause for terminating the agreement.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The covenants of both the landlord and the tenant are to be explicitly mentioned in the rental agreement.

A break clause is a clause in a tenancy agreement that provides both tenant and landlord the opportunity to terminate the tenancy agreement early during the fixed-term (e.g. the tenant can terminate a 12 month tenancy 6 months into the term). Essentially, either party can “break” the tenancy before the fixed end date, as long as the correct procedures are followed.

The "lock in period clause" in the Rent agreement is binding on the parties and no one can permitted to come out of the said clause before the expiry of the initial lock in period provided in the Rent agreement.

The reasons or clauses that can be incorporated in the rental agreement for termination of the tenancy  is given below:

Reasons For Termination By Owners

  1. Non-Payment of Rent

If a tenant fails to pay rent or deposit amount on time, or if the tenant repeatedly delays the payment, then the owner may opt to terminate the tenancy agreement.

  1. Sublet the property premises

A tenant may sublet the property or a part of the premises to someone else without owner’s consent, which is undoubtedly unacceptable by the owner. Some owners may not tolerate even if there are too many visitors to the tenant’s house.

  1. Illegal or Antisocial Activities

If a tenant is found guilty of certain activities which are illegal, immoral, anti-social or anti-national, terrorist activities or storing of explosives or drugs in the premises, or carrying out any kind of criminal activities, then the owner has the right to terminate the agreement.

  1. Noise Nuisance

Issues like turning up music high and hosting noisy late-night parties, would be annoying to the neighbours which would make them complain about the tenants to the owner. If occurring repeatedly, the owner may ask the tenants to vacate the house.

  1. Damages to rented premises

Owners would not tolerate if their tenants cause any damage to the property premises such as alteration to the premises, extra construction or modification of the premises without owner’s consent, or if there is lack of maintenance of the premises, etc.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir,

You may get issue a legal notice terminating the tenancy by giving specified period as mentioned in the agreement and if he did not vacate the same then you may approach Civil Court on the grounds of major deviations.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

While each house rent or lease agreement has its unique situations that can merit unique terms and conditions to be inserted in a contract, there are some crucial terms that should almost always be included in agreements to protect their interests and prevent future misunderstandings that could potentially lead to trouble, disputes, financial losses or litigation.

Most property related disputes between landlord and occupant usually take place over termination and eviction. It is, hence, very important to clearly specify in the agreement as to how and in what circumstances the agreement can be terminated. Usually provision is made for both fault based and no-fault termination. Fault based termination rights are triggered when one party breaches any terms and conditions of the agreement. No fault termination is when the parties can terminate the agreement without citing any reason.

Dispute resolution clause:

This clause refers to the court which will have authority to resolve the dispute, in case there arises any dispute between the landlord and the tenant. Normally, it is the court which has jurisdiction over the city in which the property is located, or the court which has jurisdiction in the city where the landlord resides. A clause to submit the dispute to arbitration through this clause is possible, and in most cases will be very desirable, especially agreements involving significant money.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

First of all this is not a rental agreement this is a lease agreement that is to be registered on payment of requisite stamp duty which could be 4% of the rental value of the property and this lease agreement should have the exit class which should be agreed by both the parties in case of any dispute any of the either party can exit from the agreement based on the tenure of the agreement and other classes and payment of the outstanding rent in this case before the sign in the agreement and getting it registered it will be good for the parties to agree on each and every clause of the agreement the registration of agreement is required after payment of the requisite stamp duty to get it enforced by law and in case it is not registered this is just a piece of paper which cannot be in forced by the law

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Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See if the tenant fail to vacate on notice of cancellation then in that case you have to go for court for cancellation and possession.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

8 year rental agreement , you can terminate for any default committed by tenant, but eviction will take time, as without court order tenant cannot be evicted unless he vacates without protest.

You can terminate if terms of agreement violated. Execute leave and license agreement for 5 years. 

If tenant refuse, have to appraoch court for eviction order.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can add non payment of rent as ground in termination clause. 

And even after having the clause of termination you have to serve a proper notice to tenant for termination of agreement and vacating the premises.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Agreement is a contract containing promises between landlord and the tenant. you can insert a clause to terminate agreement by issuing 3 months notice. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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